Musings: On the Right Path

In researching and writing an article about climate change in Hawaii — published today in Honolulu Weekly — I was haunted by one comment: “The assumption that the future will be like the past is now gone.”

So it's worrisome to see the county use historic data to justify putting the Path on Wailua Beach — work that was set to begin today. Personally, I can't see putting Wailua Beach at risk for the sake of a glorified sidewalk — especially since the Hawaiian families that are cultural stewards of the land in question have said no, to put the Path there is hewa.

Though a county press release said an Army Corps of Engineers study showed the Path wouldn't significantly alter erosion, the report did note that erosion would undermine sand from beneath the slabs. The Corps also questioned the cost-effectiveness of a plan that would require the county to remove these massive concrete slabs whenever episodic erosion occurs, and then replace them when the beach recovers. That section is already costing $1.9 million.

Surely there's another way. The Council is weighing in with a special meeting on Friday morning, though it's unclear what they can do at this point except hold future Path funding hostage, or apply political pressure to the mayor. In the afternoon, they'll be digging into the screw up with the adjoining section of Path, which apparently was built the wrong height along Papaloa Road. In short, it won't be a pleasant day for building director Doug Haigh or parks director Lenny Rapozo.

Shifting gears, the Intermediate Court of Appeals (ICA) has dismissed a cocaine smuggling case that dates back to Prosecutor Shaylene Iseri-Carvalho's time. Though it was supposedly one of the biggest coke busts on the island, I am interested in the case for one reason: cops lied to get the search warrant, and lied about searching the courier bag before seeking a warrant. You can read all the details in this brief.

In suppressing the evidence, which ultimately led to the case being dismissed without prejudice, Judge Kathleen Watanabe found that contrary to what the cops claimed:

There had been no corroboration of the confidential source.

Simon the [drug detection] dog had not alerted [police] to the subject package.

The defendant’s statements were made during custodial interrogation.

The affidavit in support of the search warrant contained numerous misstatements by police.

It's extremely dangerous when cops decide the ends justify the means, that the rule of law doesn't matter if their moral claims are at stake. I know how much they want to catch those bad guys, but they still gotta follow the straight and narrow path. You know, the Constitution and all that.

When Justin Kollar came in as Prosecutor, he decided not to pursue the appeal, which reportedly was poorly written by a now terminated member of Shay's staff. Maybe, too, Justin didn't want to proceed with a dishonest case, which speaks well for his integrity.

I hear some of the cops are pissed, but heck, they should be glad nobody got charged with perjury, or that the ICA didn't order an investigation.

Besides, the cops, or at least, Roy Asher, did score a victory: Justin is pursuing one of their pet appeals, which also dates to Shay's time. Yes, the ICA will decide whether Judge Watanabe was right to order KPD to return Dayne Aipoalani's Kingdom of Atooi marshal badge. The one they seized like five years ago already when they charged him with two counts of impersonating a police officer.

The wheels of justice, and indigenous independence, turn slowly.  

As I wrote previously:

Who knows, maybe the Hawaii Supreme Court ultimately will be asked to decide whether kanaka maoli do, indeed, have the right to build a nation with all its appurtenances, including law enforcement officers carrying badges.


Update: Justin tells me he is pursuing the appeal because he is concerned about procedural questions involving the return of evidence.